This Placement Agreement template is designed for use under German law when establishing a formal relationship between recruitment agencies and companies seeking talent acquisition services. The document is essential for defining the terms of professional recruitment services, including candidate search, screening, and placement processes. It incorporates crucial elements required by German legislation, particularly the Arbeitnehmer眉berlassungsgesetz (A脺G) and Social Security Code III (SGB III), while ensuring compliance with EU data protection regulations (GDPR). The agreement is structured to protect both parties' interests, clearly outlining service scope, fee structures, and liability limitations, making it suitable for both domestic and international recruitment activities within the German market.
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1. Parties: Identification of the placement agency and the client company, including full legal names, registration details, and addresses
2. Background: Context of the agreement, describing the client's recruitment needs and the agency's services
3. Definitions: Key terms used throughout the agreement, including 'Candidates', 'Placement', 'Placement Fee', and 'Recruitment Services'
4. Scope of Services: Detailed description of recruitment services to be provided by the agency
5. Agency Obligations: Specific responsibilities of the placement agency, including candidate screening and presentation processes
6. Client Obligations: Client's responsibilities, including providing accurate job descriptions and timely feedback
7. Fee Structure: Placement fees, payment terms, and conditions for fee becoming due
8. Data Protection: GDPR compliance measures and data handling procedures
9. Confidentiality: Protection of confidential information exchanged during the recruitment process
10. Term and Termination: Duration of agreement and termination provisions
11. Liability and Indemnification: Limitation of liability and indemnification obligations
12. General Provisions: Standard legal clauses including governing law, jurisdiction, and entire agreement
1. Replacement Guarantee: Terms for candidate replacement if placement fails within specified period - include when offering replacement guarantees
2. Exclusivity: Provisions for exclusive recruitment rights - include when agency has exclusive rights
3. International Placements: Additional terms for cross-border recruitment - include when handling international placements
4. Success Fee Structure: Alternative fee arrangements based on performance - include when using success-based compensation
5. Volume Discounts: Reduced fee structure for multiple placements - include when offering volume-based pricing
6. Direct Hire Restrictions: Restrictions on client directly hiring candidates - include when protecting agency interests
1. Schedule 1 - Fee Schedule: Detailed breakdown of placement fees, including calculation methods and payment terms
2. Schedule 2 - Service Levels: Specific performance metrics and service level commitments
3. Schedule 3 - Data Processing Agreement: Detailed GDPR-compliant data processing terms and procedures
4. Appendix A - Required Candidate Information: Template for standardized candidate information presentation
5. Appendix B - Job Requisition Form: Standard format for client job requirements submission
6. Appendix C - Placement Confirmation Form: Template for documenting successful placements and triggering fees
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